California, United States of America
The following excerpt is from Mitton v. State Bar of Cal., 455 P.2d 753, 71 Cal.2d 525, 78 Cal.Rptr. 649 (Cal. 1969):
At the second trial, the trial court, sitting without a jury, granted the defendant's motion for a judgment of nonsuit upon completion of the plaintiff's presentation of evidence. Upon appeal, the judgment was affirmed on the ground that plaintiff was guilty of contributory negligence and the doctrine[71 Cal.2d 533] of last clear chance was inapplicable. (Gerritsma v. Vogelaar, 266 A.C.A. 227, 72 Cal.Rptr. 89.)
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